What rule prohibits the prosecutor from using illegally obtained evidence during a trial?
a. the exclusionary rule.
b. the discovery rule.
c. the alibi rule.
d. the suppression rule.
A common civil remedy used in drug cases is:
a. writ of habeas corpus
b. mandatory minimum sentences
c. asset forfeiture
d. declaratory damages
In what case did the Supreme Court rule that prosecutors enjoy only qualified immunity
from civil lawsuits for actions taken during criminal investigations and statements made
during news conferences?
a. Berger v. United States
b. Buckley v. Fitzsimmons
c. Burns v. Reed
d. Kalina v. Fletcher
What is it called when the jury ignores the law and acquits an obviously guilty
defendant?
a. jury nullification
b. jury reversal
c. jury invalidation
d. jury obfuscation
The Supreme Court’s opinion in Brown v. Mississippi was based on:
a. the Fourteenth Amendment due process clause
b. the Fifth Amendment right against self-incrimination
c. the Fourth Amendment right against unreasonable seizures
d. the Eighth Amendment prohibition against cruel and unusual punishment
What right did Barker’s lawyer argue was violated?
a. the Sixth Amendment right to a speedy trial.
b. the Seventh Amendment right to a speedy trial.
c. the Eighth Amendment right to a speedy trial.
d. the Fourth Amendment right to a speedy trial.
In the federal system, which is generally the court of last resort for virtually all federal
litigation?
a. U.S. Supreme Court
b. U.S. Court of Appeals
c. U.S. District Court
d. Federal Magistrate Court
With regard to judicial elections, the U.S. Supreme Court has ruled that
a. race is a permissible consideration in drawing congressional voting districts
b. judges cannot be elected in ways that place minority candidates at an unfair
disadvantage
c. it is legal to elect judges from an entire judicial district, which may, unfortunately
“dilute black voting strength”
d. those who draw election districts must consider whether white voters are likely to
vote for minority candidates
Most lawyers practice civil law because it is more
a. lucrative.
b. expensive.
c. time-consuming.
d. problematic.
Sentences for defendant’s who are found guilty after trial are generally less severe than
the expected sentence for the same offense after a guilty plea.
In what case did the U.S. Supreme Court announce that candidates for judicial office
are free to announce their views on key issues?
a. Republican Party v. White, 2002
b. Clark v. Edwards, 1988
c. Chisom v. Roemer, 1991
d. Gregory v. Ashcroft, 1991
The federal government and most states have created two levels of appellate courts:
a. lower and major
b. district and superior
c. state and federal
d. intermediate and supreme
CASE 7.2
Is it enough to have a lawyer? Must the lawyer also be competent and effective? The
Supreme Court has recognized the effective assistance of counsel as essential to the
Sixth Amendment guarantee (McMann v. Richardson 1970).
The Court’s most significant holding regarding the effective assistance of counsel came
in 1984 in what case?
a. Strickland v. Washington.
b. Miranda v. Arizona.
c. United States. v. Wade.
d. Brady v. United States.
CASE 7.3
Indigents are defendants who cannot afford to pay a lawyer and, therefore, are entitled
to a lawyer for free. Although the Supreme Court has essentially mandated the
development of indigent-defense systems, it has left the financing and type of delivery
system up to states and counties, which have considerable discretion in adopting
programs (Worden and Worden 1989). How best to provide legal representation for the
poor has been a long-standing issue for the courts and the legal profession. In the
United States, the three primary methods are assigned counsel, contract systems, and
public defender.
The assigned counsel method is
a. attorneys appointed by the judge on a case-by-case basis.
b. attorneys hired to provide services for a specified dollar amount.
c. a salaried public official representing all indigent defendants.
d. None of these answers is correct.
The Supreme Court ruled what unconstitutional in 2005?
a. state sentencing guidelines
b. voluntary sentencing guidelines
c. federal sentencing guidelines
d. proscriptive sentencing guidelines
The numerous public agencies involved in implementing public policy concerning
crime are referred to as:
a. the court system
b. the corrections system
c. the law enforcement system
d. the criminal justice system
Which of the methods of estimating crime in the United States is based on self-reports
from household?
a. the UCR
b. the NIBRS
c. the SPSS
d. NCVS
What was the charge against Gerald Gault?
a. making a lewd phone call
b. Murder
c. stealing a car
d. armed robbery
Discovery is used in which of the following kinds of cases?
a. criminal and civil cases
b. criminal cases
c. civil cases
d. none of these cases
Which jurisdictions use grand juries extensively?
a. jurisdictions where they are required by the constitution
b. conservative jurisdictions
c. jurisdictions with aggressive prosecutors
d. liberal jurisdictions
CASE 13.2
Before the first word of testimony, trials pass through the critical stage of jury selection.
Juries are chosen in a process that combines random selection with deliberate choice.
Jury selection occurs in three stages: compiling a master list, summoning the venire,
and conducting voir dire. Whether these processes actually produce fair and impartial
juries has been the subject of much concern.
Failing to respond to a jury summons can result in a warrant being issued for arrest;
punishments include
a. 30 days in jail
b. $150 fine
c. fines or jail sentences
d. none of these answers is correct
Death-qualified juries involve exclusion of which of the following?
a. potential jurors who oppose the death penalty
b. potential jurors who have lost a loved one to murder
c. potential jurors in non-death penalty states
d. judicial instructions to jurors prior to deliberations
Although a prosecutor may believe that a given defendant violated the law, s/he may
decide against moving forward with prosecution based on a belief that no jury would
come back with a guilty verdict. This represents a discretionary decision based on
a. legal judgment.
b. policy priority.
c. personal philosophy.
d. judicial restraint.
What article of the U.S. Constitution established the U.S. Supreme Court and gave
congress the power to create lower courts?
a. Article I
b. The U.S. Constitution did not establish the U.S. Supreme Court
c. Article II
d. Article III
What are victim/witness assistance programs designed to do?
a. help navigate the court process
b. provide economic assistance
c. provide rights for victims
d. All of these answers are correct
The burden of proof required at a preliminary hearing is
a. preponderance of the evidence.
b. proof beyond a reasonable doubt.
c. reasonable suspicion.
d. probable cause.
This Amendment to the U.S. Constitution guarantees the right to counsel.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
By and large, criminal defendants are:
a. young, poor, uneducated, and male
b. young, poor, and female, and a member of a minority group
c. young, poor, male, and minority
d. middle-aged, male, uneducated, and a repeat offender
Which of the following is not a major area of civil law?
a. personal injury
b. inheritance/probate
c. divorce and child custody
d. juvenile delinquency
Most state speedy trial laws are designed to protect
a. defendants.
b. the state.
c. the prosecutor.
d. judicial integrity.
Crime control advocates, crime victims, and conservatives criticize plea bargaining
because they fear that
a. courts will become overloaded with cases.
b. the sentences will be too lenient.
c. defense attorneys will not aggressively protect their clients.
d. defense attorneys will collect excessive fees for doing little work.
Under what legal doctrine can the government intervene to protect the child if the
parents are failing in their responsibilities?
a. res ipsa loquitir.
b. ipse dixit.
c. parens patriae.
d. patriae familiae.
Advocates of the crime control model believe the death penalty is
a. moral
b. immoral
c. inappropriate
d. ineffective
What are the leading causes of most wrongful convictions? What has been done to
attempt to remedy these causes of wrongful convictions?
_____ evidence has no evidential value by itself. Rather, it serves as a visual or auditory
aid to assist the fact-finder in understanding the evidence.
More than half of defendants are described by their attorneys as passive participants in
their overall defense.
An example of a(n) _____ factor in sentencing may be use of a weapon and personal
injury to the victim.
The shared decision making of the courtroom work group helps to diffuse
responsibility.
Recent studies show that threats against federal judges are on the increase in the United
States.
There are five layers in a typical state court system.
More so than judges and defense attorneys, the prosecutor is the most powerful official
in the criminal courts.
A defendant will be asked to enter a plea to the charges at arraignment.
A defendant must _____ waive his or her constitutional rights before a plea of guilty is
accepted.
The bail agent makes a profit by specializing on high risk offenders.
The major trial courts decided felony cases.
Judicial-_____ program helps beginning judges learn their new roles.
Which amendments from the Bill of Rights are pertinent to criminal procedure?
Describe what rights they affect or provide for defendants.
Interactions between members of the courtroom work group strictly follow the
adversarial model.
The federal government and one-third of the states have abolished parole board
authority to release offenders.
The formal _____ of judges extend throughout the criminal court process.
Judges engage in plea bargaining to move cases.